Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Jimmy H. Kelley )       File No.: EB-FIELDSCR-13-00008393
)       NOV No.:  V201332620021 
Owner of Antenna Structure No. 1040632 )       
)     
Hamburg, Arkansas )
)
NOTICE OF VIOLATION
Released:  July 1, 2013
By the Deputy Regional Director, South Central Region, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the 
Commission’s rules (Rules)1 to Jimmy H. Kelley, owner of antenna structure number 1040632 in 
Hamburg, Arkansas.  Pursuant to Section 1.89(a) of the Rules, issuance of this NOV does not 
preclude the Enforcement Bureau from further action if warranted, including issuing a Notice of 
Apparent Liability for Forfeiture for the violation(s) noted herein.2
2. On May 1, 2013, the following violation was observed:
a. 47 C.F.R. § 17.51:  “All red obstruction lighting shall be exhibited 
from sunset to sunrise unless otherwise specified.”  On May 1, 2013, 
an officer with the Ashley County Sheriff’s Office observed that 
none of the red obstruction lighting on antenna structure number 
1040632 was lit after sunset.  
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and 
Section 1.89 of the Rules, we seek additional information concerning the violations and any 
remedial actions taken.  Therefore Mr. Kelley must submit a written statement concerning this 
matter within ten (10) calendar days of release of this Notice.  The response (i) must fully explain 
each violation, including all relevant surrounding facts and circumstances, (ii) must contain a 
statement of the specific action(s) taken to correct each violation and preclude recurrence, and 
(iii) must include a time line for completion of any pending corrective action(s).  The response 
must be complete in itself and must not be abbreviated by reference to other communications or 
answers to other notices.4  
  
1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).  
3 47 U.S.C. § 403.
4 47 C.F.R. § 1.89(c).
Federal Communications Commission
2
4. In accordance with Section 1.16 of the Rules, we direct Mr. Kelley to support his 
response to this Notice with a signed and dated affidavit or declaration under penalty of perjury, 
verifying the truth and accuracy of the information therein,5 and confirming that all of the 
information requested by this Notice which is in the his possession, custody, control, or 
knowledge has been produced.  To knowingly and willfully make any false statement or conceal 
any material fact in reply to this Notice is punishable by fine or imprisonment under Title 18 of 
the U.S. Code.6
5. All replies and documentation sent in response to this Notice should be marked 
with the File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
New Orleans Office
2424 Edenborn Ave., Suite 460
Metairie, Louisiana 70001
6. This Notice shall be sent via certified, return receipt requested, and first class 
mail to Jimmy H. Kelley at his address of record.  
7. The Privacy Act of 19747 requires that we advise you that the Commission will 
use all relevant material information before it, including any information disclosed in your reply, 
to determine what, if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Loyd Perry
Deputy Regional Director
South Central Region
Enforcement Bureau 
  
5 Section 1.16 of the Rules provides that “[a]ny document to be filed with the Federal Communications 
Commission and which is required by any law, rule or other regulation of the United States to be supported, 
evidenced, established or proved by a written sworn declaration, verification, certificate, statement, oath or 
affidavit by the person making the same, may be supported, evidenced, established or proved by the 
unsworn declaration, certification, verification, or statement in writing of such person . . . . Such declaration 
shall be subscribed by the declarant as true under penalty of perjury, and dated, in substantially the 
following form . . . : ‘I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true 
and correct. Executed on (date). (Signature)’.”  47 C.F.R. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).